GENERAL CONDITIONS OF ONLINE SALES
of Salewa Sport AG with head office in Herisau VAT no. IT 00122250210, e-mail: firstname.lastname@example.org (hereinafter, Seller);
• the Seller conducts his activities relative to the sale of Salewa brand products on the website www.salewa.ch (hereinafter "Site");
• the Site is primarily a marketing site, also intended for commercial transactions between business and consumer (B2C);
• the expression "General Conditions of Online Sales" means the sale and purchase of consumer goods concluded between the Seller and the Buyer through the website operated by the Seller;
• all the distinctive signs and intellectual property related to the Site are the exclusive property of Ober Alp S.p.A;
• these conditions of sale shall govern the online sale between Ober Alp Spa and the Buyer, who agrees and confirms that the purchase is being made for the Buyer’s personal use and not for any commercial or business activity;
• these provisions are incorporated into and form part of the contract;
the parties hereby agree as follows:
1. Subject of the contract
1.1 The subject of these general conditions, which are provided to the Buyer for copying and retention pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, is the remote purchase and sale of products online through the Site belonging to and operated by the Seller, with head offices in Via Waltraud Gebert Dee, 39100 Bolzano (BZ) Italy e-mail: email@example.com
1.2 These terms apply to the online sale by the Seller and online purchase by the Buyer, respectively, of the products indicated and offered for sale on the Seller's Site, i.e. goods and products in the sports/outdoor sector.
1.3 Key details of the products are illustrated and described on the Site, with a general description for each product that is accurate, truthful, correct and not misleading. Please note that, due to technical limitations of the Site, the photographs accompanying a product may not be perfectly representative of its characteristics and the products may differ slightly from those shown.
2. Acceptance of the conditions of sale
2.1 All purchases must be made in accordance with the following procedure: a) prior registration to the Site and entry of the ID and password with access to a reserved area through secure protocol and then through completion of the purchase procedure; b) in “guest” mode, i.e. with no requirement to register an account; the system will generate a temporary identifier, used only to finalize the online purchase, (in this way, the Buyer’s data will not be stored except as necessary for the after-sale administration of the online purchase). The Buyer, at the end of the purchase process, will have the option to register with the Site, and to save a password. The Buyer must not enter false and/or invented and/or imaginary data in the registration process; the personal data and e-mail address must reflect the actual personal data and not those of third parties, or imaginary persons. This does not affect the Buyer’s ability to purchase on behalf of third parties and it is possible to nominate a different delivery name and address from that of the Buyer. The Buyer is completely responsible for the accuracy and truthfulness of the data entered into the digital registration form to complete the product purchase procedure. As the Buyer is responsible for the data provided, the Buyer agrees that the Seller shall have no liability arising from the issue of tax-related documents with errors caused by the data provided by the Buyer.
2.2 These general conditions of sale must be reviewed online by the Buyer before completion of the purchase process. The Buyer should read them carefully before completing the purchase process.
2.3 The Buyer, by confirming his/her purchase order online, unconditionally accepts and agrees to be bound by these terms and conditions, and agrees that no other terms and conditions shall apply to the purchase unless agreed in writing with the Seller. The Buyer clicking on the “CONFIRM PURCHASE” button shows agreement that he/she has specifically read and accepts these terms and conditions.
2.4 Acceptance of these terms and conditions is made by accurately completing all sections of the digital form, following the on-screen instructions and, finally, checking the box positioned immediately above the "CONFIRM PURCHASE" button.
3. Purchase procedure and selling prices
3.1 The cost prices of the products (hereinafter “Cost Price”) shown on the Site shall be expressed in euros. The Site shall clearly indicate the Cost Prices for each product and the way to calculate the total price of the purchase. The total price of the purchase (hereinafter “Final Price”) will consist of the sum of the Cost Price and the cost of shipment and delivery of the products by couriers and/or carriers engaged by the Seller. As required by the provisions of Article 51.2 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014 (“Consumer Code”), the Buyer agrees that he/she is aware of the fact that confirming the purchase order for products implies a binding obligation to pay the Final Price. The amount owed to the Seller may also be paid—totally or in part—through the use of vouchers, gift certificates or other similar instruments issued by the Seller and/or by authorized third parties, without prejudicing the right of the Seller to verify the validity of the instruments in question. When the Buyer clicks on the "CONFIRM PURCHASE" button, the Buyer: - confirms acceptance of the sale-purchase in question; - confirms the mode of shipment and delivery selected by the Buyer; - sends the purchase order of the quantity indicated; - undertakes a binding obligation to pay the Seller the Final Price.
3.2 The Cost Prices and Final Prices are inclusive of VAT and any other applicable taxes and duties. The shipping charges included and specified in the Final Price, unless otherwise specified and barring special promotions occasionally offered by the Seller, shall be borne by the Buyer. The Buyer will be told the Final Price before they are asked to confirm the order by clicking on the "CONFIRM PURCHASE" button, as set forth in Article 3.1 above.
3.3 After checking the availability of the selected product, the Seller will send a formal confirmation of the order by e-mail and only when this confirmation e-mail is sent will the Seller be obliged to sell and ship the products pursuant to this contract.
3.4 The Buyer expressly recognizes the option of the Seller to only partially confirm the order (if, for example, not all the products ordered are available). In that case, the contract will only related to the merchandise actually available and confirmed.
4. Conclusion of the contract
4.1 The Contract will be formed when the Buyer receives formal confirmation of the order by e-mail as set forth in Article 3.3 above. This confirmation e-mail constitutes the Seller’s acceptance of the Buyer’s order and confirms that the Seller can proceed to supply the order. Either in the confirmation e-mail, or otherwise by a subsequent e-mail confirming shipment of the products, the Buyer will be sent a document in pdf or similar format summarizing these terms and conditions of sale, so that the Buyer may retain a permanent copy of these terms and conditions. The Buyer should print out and retain these general conditions, which he/she shall already have read and accepted as a required step in the purchase procedure, as well as the description and specification of the products purchased, so as to fully satisfy the condition set out in Legislative Decree no. 206 of 6 September 2005.
4.2 The Contract shall be deemed concluded in the place where the head offices of the Seller are located. Except where the Seller is prevented from performing this contract due to events beyond its control and/or where any temporary technical malfunction of the software or purchase system of the Site that suggests the products are available when in reality they are not, the Seller undertakes to supply the selected products upon receipt of payment of the Final Price owed as set forth in this contract.
5. Mode of payment
Without prejudicing the Seller’s rights to allow and implement other methods of payment in the future to offer an even higher level of service to users of the Site, the Buyer acknowledges and accepts that, as of the date the products are sold-purchased under this contract, the Buyer can only pay: A) online using a Visa and/or Mastercard credit card The amount of the purchase shall be deducted from the balance available to the Buyer at the time of purchase and will be subsequently debited when the order is shipped. Please note that during the payment procedure by Visa or MasterCard, the competent bank may require the entry of a PIN or password at the time of payment. If this PIN or password is not known to the Buyer, he/she is asked to contact the competent bank. B) online through the Paypal payment system The amount of the purchase shall be deducted from the balance available to the Buyer when the purchase is made and subsequently debited when the order is shipped. Please note that during the payment procedure Paypal requires entry of a PIN or password at the time of payment. If this PIN or password is not known to the Buyer, he/she is asked to contact the competent bank.
6. Mode of delivery
6.1 The Seller shall deliver the products which are the subject of the Buyer’s order, to the Buyer at the address provided by the Buyer in the purchase order, by means of couriers and/or carriers engaged by the Seller. Delivery will take place immediately after the Seller receives payment of the Final Price, as indicated in the confirmation e-mail sent to the Buyer and in any case within 30 (thirty) days from the date of receipt of the confirmation e-mail by the Buyer.
6.2 Should the Buyer be absent at the time the goods are delivered, the courier or carrier will leave a notice with details to contact the courier or carrier to agree on a second delivery. The Seller shall not be responsible for late or non-delivery and/or for any additional costs sustained by the Buyer due to a mistaken or incomplete address provided by the Buyer.
6.3 On receipt of the products, the Buyer must check that the packaging and product are intact and that the product delivered conforms to the order. The Buyer must also immediately report any tampering or damage to the packaging and products. The Buyer should inform the Seller of any problems on receipt of the products, so that the Seller can improve the quality control over the services supplied, directly and/or through third parties, pursuant to this contract.
7. Limitations of liability
7.1 The Seller assumes no responsibility for late or non-delivery of the goods due to causes of force majeure such as accidents, explosions, fires, strikes and/or shutouts, earthquakes, floods or other similar events that totally or partially hinder execution within the time agreed in the contract.
7.2 The Seller will not be responsible toward the Buyer, except in cases of wrongdoing or gross negligence, for lack of availability or malfunctions related to the use of the Internet that are outside the control of the Seller.
7.3 The Seller will not be responsible toward any party or third party for damage, losses and costs sustained as a result of failure to comply with the provisions of the contract for the reasons mentioned above, and the Buyer is only entitled to a refund of any amount paid.
7.4 The Seller assumes no responsibility for the fraudulent or illicit use by third parties of the credit cards or other methods of payment when the purchased products are paid for, if it demonstrates that it took all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8. Warranties and assistance
In the event of questions, complaints or suggestions, the Buyer may contact the Seller at the e-mail address firstname.lastname@example.org, or at Customer Care through the specific form available on the "Contact Us" page of the Site. If the goods are faulty or do not meet their description, the provisions of Legislative Decree no. 206 of 6 September 2005 shall apply, and the Seller shall remain responsible to the Buyer for a period of two (2) years from delivery of the goods, for any damage or failure to meet their description existing when the goods were delivered. Any defects must be reported within two (2) months from their discovery; otherwise, the Buyer shall lose his/her warranty rights. The warranty shall apply solely to the products set out in Legislative Decree no. 206 of 6 September 2005.
9. Return policy of the Seller / Right of termination under Legislative Decree no. 206
9.1 Without prejudice to of the Buyer’s rights under the warranty for faulty goods or goods not meeting their description, as set forth in Article 8 above, the Buyer shall be entitled to cancel this contract within the time period specified in Article 10.1 below. This right only applies to products specified in Legislative Decree no. 206 of 6 September 2005. Should the Buyer decide to return the products invoking this right of cancellation, he/she must notify the Seller within the time period specified in Article 10.1 below, using the cancellation form shown in annex I part B of Legislative Decree no. 21/2014, available on page RETURNS of the Seller's Site or through the procedure specifically indicated by Customer Care or by presenting any other clear declaration of his/her decision to cancel the contract.
9.2 The burden of proof regarding exercise of the right of termination, as set forth in this article, shall rest with the Buyer. The expenses for shipping the returns shall always be borne by the Buyer, unless otherwise decided by the Seller in its discretion. The date of delivery to the post office or to the carrier shall be deemed valid evidence of return.
9.3 To have the right to a full refund of the price paid, the goods must be returned intact in their original packaging. The Buyer must only handle the goods to the extent necessary to check that the goods comply with their description and function as expected. The Seller shall be entitled to make a proportionate deduction in the refund to reflect any excessive handling of the goods by the Buyer.
9.4 The Buyer’s right to cancel shall not apply to contracts to purchase goods which are made to measure or clearly personalized or which by their nature cannot be shipped back without risk of rapid deterioration or alteration.
9.5 The Seller will be entitled to deduct the direct cost of returning the goods from the Buyer’s refund.
9.6 A Buyer exercising their right to cancel in accordance with the terms of this Agreement is only entitled to a refund of the purchase price paid and no additional expenses or shipping costs.
10. Return policy of the Seller / Time period for exercising the right of termination
10.1 The Buyer shall be entitled to return the products, for any reason, at no cost by simple specific notification to Customer Care and/or by completing the online form provided, within a period of 14 (fourteen) days from the date of receipt of the last of the products purchased under this contract by the Buyer, or by a third party nominated by him/her, other than the courier and/or carrier. The 14 (fourteen) day period is a minimum and the Seller may, at any time, at the Seller’s discretion, grant the Buyer a longer period of time to return the products. Please note, lastly, that if the Buyer wishes to exercise their right of cancellation through a third party assignee returns must be processed through direct contract with Customer Care.
10.2 Returns must be shipped at the Buyer's expense without undue delay and in any case within 14 (fourteen) days from the date the Buyer informed the Seller of his/her decision to cancel the contract.
10.3 Upon receiving the returns, the Seller shall immediately check the goods so that it can confirm their acceptance to the Buyer. The Seller shall also arrange to repay the amounts owed, as soon as possible and in any case within 14 (fourteen) days from notification by the Buyer of his/her decision to exercise the right to cancel unless the Buyer exercises its right to delay payment—pursuant to Article 56.3 of Legislative Decree no. 206 of 26 September 2005—if the returns are not received and/or in the absence of proof by the Buyer that they have been shipped.
11.1 Except for examples expressly set out above, or where required by law, the Seller and the Buyers shall communicate primarily through e-mail messages, which both parties acknowledge and agreed is a valid medium of communication. The Seller may also contact the Buyer, either via Customer Care or through its third party logistics operators, for the purposes of dealing with the sale-purchase covered by this contract and the delivery or return of the products in question, using the telephone number provided by the Buyer.
11.2 Written communications to the Seller, as well as any complaints, shall be deemed valid only if they are sent to the following e-mail address: email@example.com
11.3 Both parties may change their e-mail addresses at any time for the purposes this article, provided that they notify the other party promptly using the existing e-mail addresses notified for the purpose.
12. Processing of personal data
12.2 The Seller shall protect the confidentiality of its customers and ensure that the processing of data conforms to the legislation on privacy as set forth in Legislative Decree no. 196 of 30 June 2003.
12.3 The Seller is the data controller for the purposes of the legislation. The personal biographical and tax-related data acquired directly and/or through third parties by the Seller shall be collected and processed in manual and digital form, depending on the data being processed for the purpose of registering the order and initiating the procedures for executing this contract and any related necessary communications, as well as for any purposes required by law, and for the purpose of effectively and properly providing the services requested (Article 24.1b of Legislative Decree 196/2003) and for any additional purposes not strictly necessary for executing this contract for which the Buyer has specifically provided his/her consent.
12.4 The Seller undertakes keep the data provided by the Buyer confidential and not to reveal the data to unauthorized persons nor to use them for purposes other than those for which they were collected or to transmit them to third parties. The data may only be disclosed at the request of the courts or other legally authorized authorities.
12.5 The personal data shall be disclosed, after signing a confidentially agreement for the data, only to parties delegated to carry out the activities necessary to execute the contract and disclosed exclusively for that purpose and for any additional purposes not strictly necessary to execute this contract for which the Buyer has specifically provided his/her consent.
12.6 The Buyer shall have the rights set forth in Article 7 of Legislative Decree 196/03, i.e., including the right to obtain: a) the updating, correction or, when relevant, additions to the data b) the cancellation, transformation into anonymous form, or blocking of data processed in violation of law, including those that need not be retained for the purposes for which the data were collected or subsequently processed; c) certification that the parties to which the data have been transferred or disclosed have been told about any changes required under points a) and b), except where notification proves impossible or requires the use of means clearly disproportionate to the right being protected. The data subject shall have the right to oppose, wholly or in part: i) for legitimate reasons the processing of their personal data even when it relates to the purpose of collection; ii) the processing of their personal data for the purpose of sending advertising or direct marketing material or to conduct market research or commercial communication surveys.
12.7 The Buyer is required to provide certain personal data in order for the Seller to provide the goods. If the Buyer does not provide the relevant personal data, the Seller will not be able to perform the contract.
12.8 The data provided by the Buyer shall only be retained for such period as is necessary for the purposes for which they were collected or subsequently processed. Deletion of the data will be managed and take place in a secure manner.
12.9 The Controller for collecting and processing the personal data is the Seller, to whom the Buyer may address any request at the company offices.
13. Legal Jurisdiction
13.1In the event of any disputes under or in connection with this Agreement, the parties agree to try to resolve disputes amicably between themselves.
13.2 If any dispute has not been resolved in an amicable manner, and in any case within six months from date it was initiated, the dispute shall be referred to the exclusive jurisdiction of the court in the venue where the Seller has its domicile, as set forth in Legislative Decree 206/05; if the Buyer is not a final consumer or does not reside and/or does not have domicile in Italy, it is agreed that any controversy shall come under the exclusive jurisdiction of the courts of Bolzano, even in derogation of the rules governing territorial jurisdiction.
14. Applicable law and referral
14.1 This contract shall be governed by Italian law.
14.2 Any matter not expressly provided herein shall be governed by the legal provisions applicable to the relations and circumstances covered by this contract, and in any case the Italian Civil Code and Legislative Decree no. 206 of 6 September 2005 (Consumer Code).
15. Final clauses
15.1 This contract nullifies and replaces any prior agreement, understanding or negotiation, written or verbal, between the parties concerning the subject of this contract.
15.2 Should any clause be found unenforceable, this shall not invalidate the entire contract.
15.3 These general conditions of sale have been drafted in Italian, German and English. Should any difficulties of interpretation arise, the parties agree that the text in Italian shall be deemed authentic and enforceable.
ACCEPTANCE OF THE GENERAL CONDITIONS BY OF THE BUYER
Pursuant to articles 1341 and 1342 of the Civil Code, the Buyer declares that he/she has carefully read the contract and expressly approves the following clauses:
Article 2 (Acceptance of the conditions of sale),
Article 3 (Purchase procedure and selling prices),
Article 4 (Conclusion of the contract),
Article 6 (Mode of delivery),
Article 7 (Limitations of liability),
Article 8 (Warranties and assistance),
Article 9 (Return policy of the Seller / Right of termination under Legislative Decree 206/2005)
Article10 (Return policy of the Seller / Time period for exercising the right of termination)
Article 12 (Processing of personal data),
Article 013 (Legal jurisdiction),
Article 14 (Applicable law and referral),
Article 15 (Final clauses).
EXPRESSION OF CONSENT THROUGH THE SITE I ACCEPT
Acceptance is confirmed by checking the "I confirm that I have read and accept the Terms and Conditions of Sales" box.